13-081 Maintenance Agreement, 10165 N. DeAnza Blvd, APN 326-34-057 DOCUMENT: 22195608 Pages: 10
RECORDING REQUESTED BY: Fees.. . '4 No Fees
Copies.
City of Cupertino AMT PAID
WHEN RECORDED, MAIL TO: REGINA ALCOMENDRAS RDE # 024
SANTA CLARA COUNTY RECORDER 4/29/2013
Recorded at the request of 8:58 AM
City Clerk's Office C i t y
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPAC:E ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
MAINTENANCE AGREEMENT
10165 North De Anza Boulevard
APN 326-34-057
7(Original
0 For Fast Endorsement
RECORDED AT THE REQUEST OF )
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WHEN RECORDED RETURN TO: )
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SPACE ABOVE FOR RECORDER'S USE ONLY
MAINTENANCE AGREEMENT
10165 North De Anza Boulevard
APN -326-34-057
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this
26th day of March, 2013, by and between Infinite Loop Hotel, LLC, ("Declarant"), and the
City of Cupertino("City").
RECITALS:
The following recitals are a substantive portion of this Agreement::
A. Declarant is the owner of real property and improvements that comprise Aloft Hotel,
located at 10165 North De Anza Boulevard(the"Project"),within the City of Cupertino("City"),
County of Santa Clara, and State of California, approved by the City on or about March 31,
2011(M-2011-02).
B. As set forth, the provisions of this Agreement are intended to and shall run with the
Project and be binding upon all owners,successors and assigns of the Project,or any portion.
C. The purpose of this Agreement is to fulfill the requirements set forth in the North De
Anza Conceptual Plan and the conditions of City's approval for the Project, by documenting
Declarant's agreement to join an open space maintenance district established to maintain the
landscaping setback along North De Anza Boulevard frontage and maintain the landscaping in
that setback until such a maintenance district is formed.
NOW,THEREFORE the parties hereto agree as follows:
1. Covenants Running with the Land; Property Subject to Agreement: All of the real
property described in Exhibit "A" shall be subject to this Agreement. It is intended that the
provisions of this Agreement shall run with the land and shall be binding on all parties having or
acquiring any right, title or interest in the real property described in Exhibit "A" or any portion
and shall be for the benefit of each owner of any of the parcels or any portion of the property and
shall inure to the benefit of and be binding upon each successor in interest of the owners. Each
of the limitations, easements, obligations, covenants, conditions, and restrictions contained herein
shall be deemed to be, and shall be construed as equitable servitudes, enforceable by any of the
owners of any of the property subject to this Agreement against any other Owner, tenant or
occupant of the property,or any portion.
1
2. Agreement to Join an Open Space Maintenance District: Declarant, or its successor in
interest, shall agree to join an open space maintenance district when such a district is formed in
furtherance of the provisions of the City's North De Anza Conceptual Plan.
3. Responsibility for Cost of Repair, Replacement and Maintenance: Until such time as an
open space maintenance district is formed, the Declarant, or its successor in interest, shall, at its
sole cost and expense, maintain, repair, replace, and keep all improvements and landscaping
areas, located between the Project and the face of the curb ("the Landscaping Setback Area of the
Project") along N. De Anza Boulevard as shown in Exhibit B, excepting therefrom the standard
public facilities of the Project which shall remain the maintenance responsibility of the City.
4. Definitions of Repair, Replacement and Maintenance: The repair, replacement and
maintenance to be undertaken and performed under this Agreement shall include all work
necessary to maintain the Landscaping Setback Area of the Project described in paragraph
number three in excellent, useable condition under all weather conditions, and in a manner
acceptable to the City. The Landscaping Setback Area of the Project shall be maintained to the
standards, specifications and condition to which, at a minimum, they were originally constructed
as evidenced by approved plans and specifications on file with the City of Cupertino and/or
provided to the Declarant, in a manner comparable to other improvements at similar high quality
developments in the City and along N. De Anza Boulevard. To accomplish the maintenance,
Declarant shall either provide licensed, qualified personnel to perform the maintenance work or
contract with licensed,qualified companies for this,and any other items necessary to comply with
the requirements of this Agreement.
5. Decisions Regarding Performance of this Agreement: All decisions regarding the need
for maintenance, the implementation, and any particular other matters relating to the Frontage
Area of the Project shall be determined by the City.
6. Indemnity: Declarant shall, to the fullest:extent allowed by law, defend, indemnify, and
hold harmless the City and its officers, officials, agents, employees and volunteers from and
against any liability,claims,actions,causes of action or demands whatsoever against any of them,
including any injury to or death of any person or damage to property or other liability of any
nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or
related to the use and maintenance of the Landscaping Setback Area . These costs and expenses
shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other cost
and fees of litigation., This indemnity is limited to the extent that the claims, liabilities, actions,
causes of action, and damages arise out of the sole negligence of City's employees, agents,
representatives,contractors,vendors or consultants.
7. Attorney's Fees: In the event that any party institutes legal action or arbitration against
the other to interpret or enforce this Agreement, or to obtain damages for any alleged breach,the
prevailing party in the action or arbitration shall be entitled to reasonable attorneys' or arbitrators'
fees in addition to all other recoverable costs,expenses and damages.
8. Further Documents: The parties covenant and agree that they shall execute further
documents and instructions as shall be necessary to fully effectuate the terms and provisions of
this Agreement.
9. Entire Agreement: This Agreement constitutes the entire agreement of the parties with
respect to the subject matter contained herein and supersedes all prior agreements, whether
written or oral. There are no representations, agreements, arrangements or undertakings, oral or
written,which are not fully expressed herein.
10. Severability: In the event any part or provision of this Agreement shall be determined to
be invalid or unenforceable under the laws of the State of California, the remaining portions of
this Agreement which can be separated from the invalid, unenforceable provisions shall,
nevertheless, continue in full force and effect.
11. No Waiver: The waiver of any covenant contained herein shall not be deemed to be a
continuing waiver of the same or any other covenant contained herein.
12. Recordation: It is anticipated that this Agreement shall be recorded and shall be executed
and acknowledged in proper recordable form.
13. Amendment: This Agreement may be amended in whole or in part only by mutual
written agreement. Any amendment shall be recorded in Santa Clara County, California. In the
event any conflict arises between the provisions of any such amendment and any of the
provisions of any earlier document or documents, the most recently duly executed and recorded
amendment shall be controlling.
14. Authority: The persons signing this Agreement represent that they have the authority to
sign on behalf of their respective entities and bind them to the provisions of this Agreement.
Executed the day,month and year first above written.
DECLARANT:
Infinite Loop Holding, LLC,
A California Limited Liability Company,
Its Sole Member and Manager
•
By: (notary acknowledgement attached)
Shashi Investment, LLC,
A California Limited Liability Company,
Its Manager, Dipesh Gupta
CITY OF CUPERTINO
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By: L
Name,..■v. 5 ncle
Title:p trac pt 13.c.t61 c■c_ 6-1L-�s.
Approved as to Form
1 . . / .IlL
Melissa Tronquet,Assistant ity Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of c.CA4Nr4 06424 }
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Witless my hand and official seal. / /
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LEGAL DESCRIPTION
EXHIBIT"A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Parcel 1,as shown on that certain map entitled, "Parcel Map"which map was filed for record in the Office of
the Recorder of the County of Santa Clara, State of California,on May 25, 1973 in Book 323 of Maps at page
48.
APN: 326-34-057
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1 1 0 1 6 N. D1 ANZA BLVD ./
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Orr SETBACK
I J�/' MINIMA,SETBACK REWIRED>r
AVERAGE SETBACK REGNREPSG
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A VISION Of W HOTELS ig
INFINITE LOOP HOTEL,LLC 1" = 40'-0" ARCHITECTS
10165 N.DE ANZA BLVD. 10 MONTEREY BLVD.
CUPERTINO,CA 95014 DATE: 03/27/2013 SAN FRANCISCO,CA 94131
TEL:408.766.7000 F94:408.766.7001 0 20' 40' 80' PROJ.No.: 10111 TEL:416841.9090 FAX:415.841.9089
CITY OF CUPERTINO
RECEIPT NUMBER: BS000019632
RECEIVED BY: STEPHENR PAYOR: DANIELLE ESTRADA
TODAY'S DATE: 03/28/13 REGISTER DATE: 03/28/13
TIME: 12:08
1
COUNTY FILING FEES ALOFT LANDSCAP. MAINT. AG $50.00
TOTAL DUE: $50.00
CREDIT CARD: $50.00 REF NUM: Visa
TENDERED CHANGE
$50.00 $.00
VERIFICATION
I have reviewed this Maintenance Agreement and to the best of my knowledge, the information
contained herein is true and complete.
I verify under penalty of perjury under the laws of the State of California, that the foregoing is
true and correct.
Executed on the 19th day of April, at Cupertino, California.
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Brittany 4 arcy
Senior Office A: Cant